Reply from Senator McCaskill

January 11, 2011

Dear Honorable Ranseth,

Thank you for contacting me regarding food safety legislation.  I appreciate hearing from you, and welcome the opportunity to respond.

Recently, the Senate passed and the President signed into law the FDA Food Safety Modernization Act (P.L. 111-353).  This bipartisan legislation, which I supported, provides important new protections for American consumers while also ensuring that family farmers, small producers, farmers' markets, and local gardeners are not subject to new federal requirements.  

Federal, state and local agencies share responsibility with the food industry for ensuring the safety of the food supply in the U.S.  Unfortunately, a number of recent incidents have highlighted some gaps in our food safety system.  Our food safety laws, which were enacted in the early 20th century, have  not kept pace with the major changes in production, processing and marketing that have taken place in recent years.  Each year, thousands of Americans are made seriously ill from foodborne illnesses and many result in death.  

The Food Safety Modernization Act will improve the safety of our food supply in a number of ways.  This legislation authorizes the FDA (Food and Drug Administration) to issue mandatory recalls in the event that businesses do not voluntarily recall harmful foods.  Previously, the FDA possessed authority to order food recalls only for infant formula.  This legislation will also subject imported foods to increased scrutiny.  Under the new law, the FDA will be able to require certification for high-risk foods, and deny entry to foods that lacks certification or that are from a foreign facility that has refused U.S. inspectors.  The Food Safety Modernization Act will also require grocery stores and other food retailers to notify consumers if they have sold foods that have been recalled.

I know that many Missourians have concerns about this legislation.  For instance, many have raised questions about how this legislation will affect local organic farmers, their neighborhood farmer's market, or the garden in their back yard.  As a lifelong Missourian whose family worked at a feed mill, I understand that agriculture is more than a primary driver of Missouri's economy; it is a part of our state's cultural fabric.  I would not have supported any legislation that jeopardized this culture and this legislation does not.

In order to ensure this, I supported an important amendment provisions to the Food Safety Modernization Act, offered by Senator Tester of Montana (himself a small producer), which will ensure that family farmers and other local producers are exempt from new federal requirements.  To be clear, food sold through farmers' markets, bake sales, road side stands, public events, community supported agriculture, and organizational fundraisers is exempt from new regulations.

For your information, I have included with this letter a document providing answers to frequently asked questions regarding the FDA Food Safety Modernization Act.

I am pleased that a broad, bipartisan coalition of senators joined together to support this important legislation.  It ensures that American families can be confident that the food their families enjoy is the safest in the world, while safeguarding the ability of family farms and small  producers to continue doing what they do best.

Again, thank you for contacting me. Please do not hesitate to contact me in the future if I can be of further assistance to you on this or any other issue.

 

Sincerely,

Claire McCaskill
United States Senator

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